Parties and Attorneys
The People v. Garcia
Case Number H043552
| Party | Attorney |
|---|---|
| The People : Plaintiff and Respondent | Nanette Winaker Office of the Attorney General 455 Golden Gate Avenue Suite 11000 San Francisco, CA 94102 |
| Joseph Martinez Garcia : Defendant and Appellant Mule Creek State Prison P.O. Box 409099 Ione, CA 95640 | William Robinson Sixth District Appellate Program 95 S. Market Street, Suite 570 San Jose, CA 95113 |
Case Summary
Trial Court Case:
190165
Court of Appeal Case:
H043552
Division:
Case Caption:
The People v. Garcia
Case Type:
CR
Filing Date:
05/05/2016
Completion Date:
10/24/2017
Oral Argument Date/Time:
Docket (Register of Actions)
The People v. Garcia
Case Number H043552
| Date | Description | Notes |
|---|---|---|
| 05/12/2016 | Notice of appeal lodged/received (criminal). | |
| 05/12/2016 | Counsel appointment order filed. | |
| 05/12/2016 | Record on appeal filed. | C-1 |
| 05/20/2016 | Recommendation of counsel by SDAP filed. | atty William Robinson |
| 06/24/2016 | Default sent to court appointed counsel. | Defendant and Appellant: Joseph Martinez Garcia Attorney: William Robinson |
| 07/21/2016 | Motion filed. | Appellant's motion to consolidate with H042014 for briefing, oa and disposition including time to file AOB in 30 days |
| 08/24/2016 | Order filed. | Appellant's motion to have appeal nos. H042014 and H043552 considered together is granted. These appeals shall be considered together for the purposes of briefing, oral argument and disposition. Time to file a combined opening brief is extended to 30 days from the date of this order. |
| 08/26/2016 | Record omission letter received. | from Atty Robinson: RT of 3/28/16 |
| 09/16/2016 | Motion for relief from default filed. | appellant's motion for relief from default for failure to file a timely NOA as to order of 3/5/13 |
| 10/03/2016 | Opposition filed. | to appellant's motion for relief from default |
| 10/03/2016 | To court. | appellant's motion for relief from default for failure to file a timely NOA as to order of 3/5/13 |
| 11/21/2016 | Motion/application to augment record filed. | by appellant to include attachment A (RT of 3/28/16) |
| 11/29/2016 | Order filed. | Appellant's motion to augment the record to include the reporter's transcript of March 28, 2016 attached to the motion is granted. The record on appeal is deemed augmented to include the document attached hereto and incorporated by reference. |
| 12/02/2016 | Order filed. | Appellant's motion for relief from default for failure to file a timely notice of appeal as to the order of March 5, 2013 is denied. Appellant's opening brief is due 15 days from the date of this order. |
| 12/12/2016 | Appellant's opening brief. | Defendant and Appellant: Joseph Martinez Garcia Attorney: William Robinson |
| 01/10/2017 | Granted - extension of time. | Respondent notified re failure to file respondent's brief. Due on 02/10/2017 By 30 Day(s) (1) |
| 02/14/2017 | Respondent notified re failure to file respondent's brief. | Plaintiff and Respondent: The People Attorney: Nanette Winaker |
| 02/27/2017 | Respondent's brief. | Plaintiff and Respondent: The People Attorney: Nanette Winaker |
| 03/21/2017 | Email received from: | Atty Robinson will be submitting EOT on ARB due |
| 03/22/2017 | Granted - extension of time. | (1) |
| 04/13/2017 | Appellant's reply brief. | Defendant and Appellant: Joseph Martinez Garcia Attorney: William Robinson Combined ARB of H042014 and H043552 |
| 04/13/2017 | Case fully briefed. | |
| 05/03/2017 | Case on conference list. | May 2017 |
| 05/22/2017 | Oral argument waiver notice sent. | |
| 06/02/2017 | Argument waived by: (no response - 10 day notice) | |
| 06/12/2017 | Submission order filed. | |
| 08/23/2017 | Opinion filed. | (Signed Unpublished) In case No. 42014, the appeal is dismissed as abandoned. In case No. 43552, the order denying defendant's petition for resentencing pursuant to section 1170.18 is reversed (Elia, PBM, Mihara) |
| 10/24/2017 | Remittitur issued. | |
| 10/24/2017 | Case complete. | |
| 10/24/2017 | Record purged - to be shipped to state records center. | |
| 01/03/2022 | Shipped to state retention center, box # / list #: | 21/198 |
Briefs
The People v. Garcia
Case Number H043552
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Default sent to court appointed counsel. | 06/24/2016 | Defendant and Appellant: Joseph Martinez Garcia Attorney: William Robinson | | |
| Appellant's opening brief. | 12/12/2016 | Defendant and Appellant: Joseph Martinez Garcia Attorney: William Robinson | | |
| Respondent notified re failure to file respondent's brief. | 02/14/2017 | Plaintiff and Respondent: The People Attorney: Nanette Winaker | | |
| Respondent's brief. | 02/27/2017 | Plaintiff and Respondent: The People Attorney: Nanette Winaker | | |
| Appellant's reply brief. | 04/13/2017 | Defendant and Appellant: Joseph Martinez Garcia Attorney: William Robinson | Combined ARB of H042014 and H043552 |
Future Scheduled Actions
The People v. Garcia
Case Number H043552
No information found.
Disposition
The People v. Garcia
Case Number H043552
Description:
Reversed in Full
Date:
08/23/2017
Disposition Type:
Final
In case No. 42014, the appeal is dismissed as abandoned. In case No. 43552, the order denying defendant's petition for resentencing pursuant to section 1170.18 is reversed (Elia, PBM, Mihara)
In case No. 42014, the appeal is dismissed as abandoned. In case No. 43552, the order denying defendant's petition for resentencing pursuant to section 1170.18 is reversed (Elia, PBM, Mihara)
Publication Status:
Signed Unpublished
Author:
Elia, Franklin D.
Participants:
Mihara, Nathan D. (Concur)
Bamattre-Manoukian, Patricia (Concur)
Bamattre-Manoukian, Patricia (Concur)
Case Citation:
none
Trial Court
The People v. Garcia
Case Number H043552
Trial Court Name:
Santa Clara County Superior Court
County:
Santa Clara
Trial Court Case Number:
190165
Trial Court Judge:
Clark, Linda
Trial Court Judgment Date:
04/28/2016